Note

"Sir,

I have the honour to propose, with reference to the recent discussions between the British Embassy and the Royal Norwegian Ministry of Foreign Affairs, that members of the family of career members of the United Kingdom diplomatic missions and consular posts in Norway be enabled to engage in gainful employment in the receiving State, and on the same basis as members of the family of career members of Norwegian diplomatic missions and consular posts in the United Kingdom are enabled to engage in gainful employment.

In particular I propose that the granting in each case of the appropriate authorisation be facilitated in accordance with the provisions of the relevant national legislation and following the procedure set out in the attached Annex.

If the above mentioned text is acceptable to the Ministry, I propose that this Note and its Annex, together with your reply, should place on record the understanding between the Government of Norway and the Government of the United Kingdom of Great Britain and Northern Ireland which will serve as a framework to enable members of the family of members of diplomatic missions or consular posts to engage in gainful employment, and will come into operation on the date of your reply.

I avail myself of the opportunity to renew to you, Sir, and to the Ministry of Foreign Affairs the assurances of my highest consideration."

Annex

1.

Authorisation to engage in a gainful occupation

(a)

The members of the family forming part of the household of a member of a diplomatic mission or consular post of the sending State will be authorised, on a reciprocal basis, to engage in a gainful occupation in the receiving State in accordance with the provision of the law of the receiving State.

(b)

For the purposes of this arrangement:

(i)

"a member of a diplomatic mission or consular post" means any employee of the sending State who is not a national of the receiving State in a diplomatic mission, consular post or mission to an international organisation;

(ii)

"a member of the family" means the spouse of a member of a diplomatic mission or consular post and any child who forms part of the household of a member of a diplomatic mission or consular post.

2.

Procedures

(a)

A request for authorisation to engage in a gainful occupation will be sent on behalf of the member of the family by the Embassy of the sending State to the Ministry of Foreign Affairs of the receiving State.

(b)

The Ministry of Foreign Affairs of the receiving State will use its good offices to ensure that any requirements relating to work permits and similar formalities are favourably applied. In Norway the Minsitry of Foreign Affairs will facilitate the granting of a work permit for a family member of the British Embassy, as defined above, provided the normal conditions for granting such a permit have been met: in particular that a concrete offer of employment exists and that the candidate for employment fulfils any special qualifications and requirements (including security requirements) attached to the job in question.

3.

Civil and administrative privileges and immunities

In the case of members of the family who enjoy immunity from the civil and administrative jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations or under any other applicable international instrument such immunity will not apply in respect of any act carried out in the course of the gainful occupation and falling within the civil or administrative law of the receiving State.

4.

Criminal Immunity

(a)

In the case of members of the family who enjoy immunity from the criminal jurisdiction of the receiving State in accordance with the Vienna Convention on Diplomatic Relations or under any other applicable international instrument, the sending State will waive the immunity of the member of the family concerned from the criminal jurisdiction of the receiving State in respect of any act carried out in the course of the gainful occupation, save in special instances when the sending State considers that such a waiver could be contrary to its interests or could prejudice the inviolability of the person or residence of the family member in question.

(b)

In such circumstances, the sending State will give serious consideration to waiving the immunity of the member of the family from the execution of a sentence.

5.

Fiscal and social security regimes

In accordance with the Vienna Convention on Diplomatic Relations or under any other applicable international instrument members of the family will be subject to the fiscal and social security regimes of the receiving State for all matters connected with their gainful occupation in that State.

6.

Duration and Termination

This arrangement will remain in operation for an indefinite period. Either State may terminate it at any time by giving 6 (six) months' notice in writing to the other State.

"I have the honour to acknowledge receipt of Your Excellency's Note of 24 March 1992, which reads as follows:

(Her følger sitat av Storbritannias note.)

In reply, I have the honour to inform Your Excellency that this proposal is acceptable to the Government of the Kingdom of Norway, who will regard Your Excellency's Note with annex, a copy of which is enclosed, and this reply as constituting an understanding between our two Governments.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration."